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7A Page 3 A related question, however, is whether the Charter can be amended to require a two-thirds (or super-majority) vote for subsequent legislative action regarding certain land use decisions. Such a super-majority voting requirement has been upheld in the context of approving local taxes and bonds. (Santa Clara County Local Transportation Authority v. Guardino (1995) 11 Cal.4th 220.) In Guardino, the California Supreme Court held that a 60% vote requirement for future local taxes was constitutional because no discrete and insular minority was being disadvantaged by the supermajority voting requirement. The Court found that "because persons who vote in favor of tax measures may not be deemed to represent a defined, identifiable class, equal protection principles do not forbid 'debasing' their vote by requiring two-thirds approval of such measure." The question here is whether the initiative would discriminate against an identifiable class of persons and, if so, whether this identifiable group is a suspect class or is being denied some fundamental interest thereby requiring the discrimination to be subject to close scrutiny. Proponents of the initiative will contend that persons who vote in favor of land use measures (similar to voters on tax measures) do not constitute a defined, identifiable class and debasing their vote by a super-majority vote requirement would not be prohibited. 2. How does the two-thirds vote requirement compare to the referendum process? Response: The referendum power is the right of the voters, by a majority vote, to approve or disapprove any legislative action taken by City Council. Put otherwise, under current law, if City Council approved a development on land covered by the initiative, voters could halt the project by qualifying a referendum and voting against the project. Thus, the ability for voter review of City Council's legislative land-use decisions already exists. However, while the referendum process is available, it requires only a majority vote to approve legislation. Proponents of the initiative wish to impose a mandatory, super-majority vote requirement to approve all covered legislative action. Although somewhat similar to the referendum power, such an additional requirement does not violate the referendum power. The courts have liberally construed charter provisions in favor of the people's right to exercise their reserved power of initiative, including the imposition of super-majority vote requirements for certain legislation. Therefore, a super-majority vote requirement may be permitted by city charter even where the referendum process is otherwise available. 3. Does City Council have a right to place a different or counter initiative on the ballot? Response: Yes. City Council may place a different or competing initiative on the ballot. (Elec. Code, S 9255.) 3